Florida Felony Sentencing Calculator - Aaron Delgado & Associates (2024)

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What is the Florida Felony Sentencing Calculator?

The Florida Felony Sentencing Calculator is a Florida sentencing guidelines calculator, which allows you to find out the lowest permissible sentence for any felony offense in Florida, with the exception of capital felony charges.

Our Felony Sentencing Calculator is based on the Florida Criminal Punishment Code Scoresheet Preparation Manual, which is used in every criminal sentencing proceeding in the State of Florida.

The Florida Felony Sentencing Calculator was internally created, programmed, and perfected specifically for Aaron Delgado & Associates by their research and development team.

Prison Sentencing Calculator Reductions

The reductions included in this prison sentencing calculator are not standard across all prison sentencing calculators. However, Firm Partner Aaron Delgado, wanted to include reductions for time served and gain time as a factor on the Calculator due to the significant impact they can have on a felony sentence.

How to Use the Florida Felony Sentencing Calculator

Our Florida Felony Sentencing Calculator is broken into 4 sections:

  1. Primary Offense
  2. Victim Injury
  3. Enhancements
  4. Reductions

Start with the Primary Offense by selecting the felony offense level. If you do not know the offense level, you can use the “Search Offenses” box to type in the official offense you’re looking for. Once a specific offense is selected, it will automatically populate the felony level and degree information.

To easily find out the fines and mandatory minimum jail time for specific felony drug charges (by substance), visit our article about Florida drug trafficking sentences.

After entering the primary offense, you have the option to add any Additional Offenses received with the primary charge, as well as any prior offenses and prior capital felonies on the accused’s record. These factors are important as they may increase the lowest permissible sentence. For additional offenses, you have the option to add multiple counts of any specific offense type.

Once you’ve entered the offenses, you can move on to the Victim Injury section of the jail sentence calculator. Here you can add the total number of victims for the following injuries:

  • 2nd Degree Murder
  • Death
  • Severe Injury
  • Moderate Injury
  • Slight Injury
  • Sexual Penetration
  • Sexual Contact

Following injuries is Enhancements. Ensure you enter any and all enhancements that may be applied to the accused’s charge(s) for the most accurate end result. You will be able to add or exclude any of the following felony sentence enhancements:

  • Legal Status Violation
  • Firearm / Semi-Automatic Weapon
  • Machine Gun
  • Prior Serious Felony
  • Drug Trafficking
  • Street Gang
  • Domestic Violence

In addition, you can add multiple counts for different forms of Community Sanction Violation enhancements.

The final section is Reductions, where you can add any time served (in months) that will be credited toward the accused’s sentence. If gain time will be included as part of the sentence, you can select it in this section.

Provided every section has been filled out to the most accurate extent possible, you will see the minimum permissible sentence, or lowest permissible sentence, that may be given for the charges entered as well as the total sentencing points accrued.

What is gain time?

Gain time is outside the control of trial court, so even the most experienced criminal defense attorney cannot say for certain how much gain time, if any, a person will receive for a charge.

Gain time is granted through a procedure where the Department of Corrections provides an inmate with additional days of credit towards an earlier release date. By Florida Statute §944.275(4)(f), anyone sentenced to serve a jail or prison sentence must serve at least 85% of the sentence, even if they have accumulated additional gain time.

Top 5 Questions About Jail Time

As criminal defense attorneys with over 85 years of combined legal experience, we have heard countless questions about jail time, prison time, and related felony sentencing matters. Over time, we’ve determined that the most common questions people have about potential jail time is how much time they, or a loved one, may be facing.

Florida Felony Sentencing Calculator - Aaron Delgado & Associates (1)

Here are the top five questions about how much jail time a particular offense might receive, and answers from our criminal defense legal team:

1. How much jail time for a probation violation?

Since a Violation of Probation involves more than how you violated that probation, there are a number of factors that go into how much jail time someone might receive for a probation violation charge. If you, or a loved one, are facing a violation of probation charge, or concerned about such a charge in the future, read our article Understanding a Violation of Probation Charge. When in doubt, contact an experienced criminal defense lawyer.

2. How much jail time for selling drugs?

In order to determine how much time someone may face for selling drugs, we will have to know the type of drug, amount in weight, and any other pertinent factors to the arrest or drug charge. For example, if you know that death is a probable result of your trafficking, the offense becomes a capitol felony with significant fines and the possibility of the death penalty. If you know the specifics of a drug charge, use our jail time calculator to determine the minimum permissible sentence.

3. How much jail time for possession of a firearm?

As with many felony and misdemeanor charges, there are numerous factors that determine the jail time one may receive for possession of a firearm. For example, Federal law currently prohibits anyone who is “addicted to marijuana” from possessing firearms or ammunition. If you, or someone you know, are facing a criminal charge related to possession of a firearm, contact a criminal defense attorney for legal representation of your case.

4. How much jail time for a parole violation?

Similar to a Violation of Probation, if you violate parole, you may be facing up to the statutory maximum penalty for the original offense with which you were charged. If this is you, or a loved one, seek the help of an experienced and reputable criminal trial lawyer in your area. The last thing you want to do is re-serve a prison sentence that was almost fully completed.

5. How much jail time for failure to appear in court?

According to Florida Statute §843.15(1)(a), if someone fails to appear in court for a felony charge, they can be charged with a third-degree felony for the failure to appear.

Other Common Questions About Jail Time

Other common questions about jail time we hear are:

  • How much jail time for grand theft?
  • How much jail time for assault with a deadly weapon?
  • How much jail time for drug trafficking?
  • How much jail time for a third DUI?
  • How much jail time for assault?
  • How much jail time for not paying child support?
  • How much jail time for a felony drug charge?
  • How much jail time for a DUI probation violation?

Criminal Defense Attorney in Daytona Beach & Central Florida

If you, or a loved one, are struggling with the above issues or any other criminal charge, our team of experienced Florida criminal defense lawyers can help you get a better understanding of the lowest permissible sentence you may be facing. You need the assistance of an experienced criminal defense attorney to get the best possible result for your case, especially if you are facing a felony charge. Call us 24/7 at 386.222.6677 to speak with a lawyer and find out how we may be able to help you overcome this difficult time.

Disclaimer:

This Felony Sentencing Calculator can only provide an estimate of what a prison sentence might be in Florida based on the information entered and cannot be used as legal advice. Our Calculator is a way to estimate what an individual’s prison sentence might be based on the details of the charge(s) they face, and was created to demonstrate to clients the various factors that determine the points they score according to the Florida Criminal Punishment Code and the lowest permissible sentence those points equate to.

Like the Florida Criminal Punishment Code Scoresheet Preparation Manual, this calculator does not take into account any extenuating circ*mstances that may be present in an individual’s case, although it does account for time served and gain time reductions, which a standard prison sentencing calculator does not.

You must not use this calculator or any other jail sentence calculator as replacement for legal counsel or as a determining factor in any open or closed criminal case.

If you have been arrested for any type of criminal offense, our Felony Sentencing Calculator cannot definitively calculate how long of a jail or prison sentence you will or will not receive for the crime. However, one of our experienced criminal trial lawyers may be able to help with your case.

Florida Felony Sentencing Calculator - Aaron Delgado & Associates (2024)

FAQs

What percent of your sentence do you serve in Florida? ›

Since October 1, 1995, Florida Statute 944.275 has mandated that all state prisoners must serve no less than 85% of their sentence.

What is the minimum sentence for a felony in Florida? ›

First-degree felony = 30-year prison term. Second-degree felony = 15-year prison term. Third-degree felony = 5-year prison term.

Is jail time mandatory for a 3rd degree felony in Florida? ›

3rd Degree-Felony in Florida Punishment

Most third-degree felonies do not have minimum-mandatory sentences. That means your sentencing judge has discretion on your sentencing and can alter any suggested sentence in a way that seems appropriate given the facts of the case.

What is the most serious felony in Florida? ›

The most serious felony in Florida is a capital felony, which is commonly penalized with either the death penalty or life imprisonment with no opportunity for parole.

What is the 65% rule in Florida? ›

This is Hart's “gain time” bill that calls for allowing non-violent offenders to reduce their mandatory time served from 85% to 65% through their successful completion of academic and other learning courses while incarcerated.

What is the 85 percent law in Florida? ›

In Florida, prisoners must serve at least 85 percent of their sentence. "So the Government is knowingly, in most instances, forcing you to pay a fine, an absurd fine, for something that you're unlikely to ever — for a service you're unlikely to consume or take advantage of," Bargil said.

What is the most common punishment for a felony? ›

Penalties are generally six to 30 years. Class 1 felonies include burglary, sexual assault, and second-degree murder. Penalties are generally four to 15 years. Class 2 felonies include aggravated domestic battery causing severe injury and robbery.

Can a felony be dropped in Florida? ›

In some cases, yes! You can file a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. This asks the court to reconsider your felony conviction. If you have grounds like new evidence or ineffective counsel, the judge may reduce the charges to a misdemeanor.

Can you get probation for a felony in Florida? ›

Yes, it's possible to receive probation for a first degree felony in Florida, although it's not guaranteed. The court will consider factors such as the nature of the crime, the defendant's criminal history, and any mitigating circ*mstances.

Do first-time felony offenders go to jail in Florida? ›

While first-time offenses in Florida may not always result in jail time, the repercussions of any criminal charge can be long-lasting and life-altering. Being informed, and more importantly, having an experienced attorney by your side can make all the difference in ensuring a fair outcome.

Do you get gain time on a minimum mandatory sentence in Florida? ›

Inmates serving life sentences or certain minimum mandatory sentences are not eligible for Gaintime (during the portion of time these mandatory sentences are in effect). E. Awards of Gaintime are made according to statutory authorization pursuant to s. 944.275 F.S.

What's the most harmless felony? ›

Non-violent felonies can include:
  • White collar crime, which includes fraud, tax crimes, bribery and/or counterfeiting;
  • Property crime including embezzlement, theft, receipt of stolen goods, and/or arson; and/or.
  • Drug and alcohol crimes including public intoxication, drug manufacturing and/or drug distribution.
Feb 26, 2021

Is Florida a felon-friendly state? ›

Florida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.

How long can you go to jail for a felony in Florida? ›

First-degree Felonies — punishable by up to thirty years in prison and a fine of up to $10,000. Second-degree Felonies — punishable by up to fifteen years in prison and a fine of up to $10,000. Third-degree Felonies — punishable by up to five years in prison and a fine of up to $5,000.

How to calculate jail time in Florida? ›

If the defendant has 44 or more points on the score sheet, they have “scored prison.” The minimum length of the prison sentence is calculated by subtracting 28 from the total number of points and then multiplying that number by . 75.

What percentage of time do you have to serve in Florida? ›

By Florida Statute §944.275(4)(f), anyone sentenced to serve a jail or prison sentence must serve at least 85% of the sentence, even if they have accumulated additional gain time.

How much of a sentence must be served? ›

The general rule is that a defendant serves 50 percent of his or her sentence while in prison. (Pen. Code §2933.)

How does Florida sentencing work? ›

In Florida, a person's sentence is influenced by a number of factors such as the severity of the crime, culpability, prior history, loss or injury, and the sentencing judge. In general, the more serious the crime, the more serious the sentence.

How much time do you get off for good behavior in Florida? ›

Section 951.21, Florida Statutes, permits a board of county commissioners to authorize commutation of time for good conduct for up to five days a month off the first and second years of a county prisoner's sentence, up to 10 days a month off the third and fourth years of the sentence and up to 15 days per month off the ...

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